1.1  Stage 1 - Initial reference to the independent person

The independent person will be invited to answer three questions:

(a)  Is this a dispute about the application of the Code?

If the answer is no, the matter can proceed no further.  If yes, then the independent person will move to question (b).

(b)  Have the parties exhausted local procedures?

If the answer is no, then the parties will be invited to make further local efforts to resolve the dispute.  If yes, then the independent person will conduct an independent assessment, by answering question (c) and giving reasons for the answer.

(c)  Do the terms and conditions of employment on offer to new employees comply with the Code?

If the answer is yes, then the matter is deemed to be concluded and the contractor can continue to offer the same package of conditions to new employees.  If the answer is no, then the dispute will proceed to Stage 2.

Time limit:  Twenty (20) Business Days.